Kiowa County License Hearing Guide

Kiowa County DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Kiowa County, Colorado, can be a frightening and confusing experience. Besides the criminal charges you'll face in court, the Department of Motor Vehicles (DMV) can also suspend your driver's license through an administrative process, completely separate from your criminal case. This guide is designed to help you navigate the administrative license suspension process and understand your rights. It's crucial to act quickly, as strict deadlines apply.

Your License After a DUI Arrest in Kiowa County

Following a DUI arrest in Kiowa County, you are facing two distinct legal battles: a criminal case in court and an administrative action against your driver's license by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). It's vital to understand the difference.

• Criminal Case: This is the court case where the prosecution must prove you drove under the influence beyond a reasonable doubt. Penalties can include jail time, fines, probation, and a criminal record.

• Administrative Case (ALR Hearing): This is a separate process handled by the DMV. Its sole purpose is to determine if your driver's license should be suspended. The standard of proof is lower than in criminal court, and the consequences are focused on your driving privileges. The results of this hearing do not determine the outcome of your criminal case, and vice-versa.

This guide focuses exclusively on the administrative process and the actions you must take to protect your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest, you will likely receive a temporary driving permit. However, this permit is only valid for a limited time. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request: You must request the ALR hearing through the Colorado Department of Revenue, Division of Motor Vehicles (DMV).

How to Request: You can typically request a hearing through one of the following methods:

• Online: Check the Colorado DMV website for online hearing request options. This is often the fastest and most convenient method.
• Phone: Call the Colorado DMV's Driver Control Section. You can find the number on the paperwork you received at the time of your arrest, or on the Colorado DMV website.
• Mail: Send a written request for a hearing to the address specified on your temporary permit or provided by the DMV. Make sure to send it via certified mail with return receipt requested to prove you sent it on time.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it is absolutely critical to act immediately. Consider consulting with a DUI attorney to ensure your request is properly submitted and all deadlines are met.

Automatic License Suspension

The Colorado DMV will automatically suspend your license under certain circumstances following a DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended.

• BAC over 0.08: The suspension period in Colorado varies based on prior offenses and BAC level, but a first offense typically results in a suspension of [Consult Colorado DMV website for current suspension periods].
• Temporary Permit: Your temporary permit is valid until the date of your ALR hearing, or until the date your suspension officially begins if you don't request a hearing or if your suspension is upheld at the hearing.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties in Colorado.

• Refusal Penalty: Refusal to submit to a chemical test will result in a significantly longer license suspension compared to failing the test. The suspension period in Colorado is [Consult Colorado DMV website for current suspension periods for refusal]. This is because of Colorado's Implied Consent Law.
• Implied Consent Law in Colorado: By driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is a completely separate proceeding from your criminal case. The outcome of the ALR hearing does not directly impact your criminal charges, and vice-versa.
• Decide if License Suspension is Warranted: The hearing officer will determine whether there was probable cause for the DUI arrest and whether your BAC was above the legal limit or if you refused testing.
• Lower Burden of Proof than Criminal Trial: The DMV only needs to prove their case by a preponderance of the evidence, which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), or any documentation that challenges the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Colorado ALR hearings can provide invaluable assistance. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath/blood test.
• Whether your BAC was actually above the legal limit.
• Whether you were properly informed of your rights regarding implied consent.

Possible Outcomes

The hearing officer will issue a decision based on the evidence presented. Possible outcomes include:

• Suspension Upheld: The hearing officer agrees with the DMV and upholds the license suspension.
• Suspension Overturned: The hearing officer finds that the DMV did not meet its burden of proof, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work or school.

Hardship/Restricted License in Colorado

Even if your license is suspended, you may be eligible for a hardship or restricted license that allows you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements for a restricted license vary in Colorado and depend on the circumstances of your case, including prior offenses and the reason for the suspension.
• What You Can Drive For: Typically, a restricted license allows you to drive for work, school, medical appointments, and other essential needs.
• Costs and Application Process: The application process for a restricted license involves filing an application with the DMV and paying the required fees.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over, you must take specific steps to reinstate your driver's license.

After Criminal Case Concludes

Reinstatement requirements may vary depending on the outcome of your criminal case.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DMV.
• Fees: The reinstatement fee is [Consult Colorado DMV website for current reinstatement fees].
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs that Must Be Completed: Depending on the severity of your DUI, you may be required to complete alcohol education classes or therapy programs.

Kiowa County DMV Offices

Unfortunately, Kiowa County does not have a full-service DMV office. Residents must travel to neighboring counties for DMV services. Here are some options:

• [Research and list nearby DMV offices with addresses and hours. Example: Cheyenne County Motor Vehicle Office, Cheyenne Wells, CO - check website for services and hours]
• [Research and list nearby DMV offices with addresses and hours. Example: Kit Carson County Motor Vehicle Office, Burlington, CO - check website for services and hours]
• Check the Colorado DMV website (DMV.Colorado.gov) for the most up-to-date information and office locations.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the Ignition Interlock Device (IID) program may be required as a condition of obtaining a restricted license or reinstating your license after a DUI conviction. This program requires you to install a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: An occupational license allows you to drive for work-related purposes even if your license is suspended. Eligibility requirements vary. [Consult Colorado DMV website for details]
• [Research any state-specific programs relevant to DUI offenders and list them here]

This guide provides a general overview of the license suspension process following a DUI arrest in Kiowa County, Colorado. It is not a substitute for legal advice. It is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and navigate this complex process. Remember, acting quickly and understanding your options is crucial to preserving your driving privileges.